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HomeMy WebLinkAbout29862-ZFORM NO. 4 T0~TN OF SOUTHOLD BUILDII~G DEPARTME~f Office of the Building Inspector To,al Hall Southold, N.Y_ CERTIFICATE OF OCCUPanCY No: Z-30296 Date: 07/14/06 THIS CERTIFIES that the building ACCESSORY Location of Property: 5807 WESTPHALIA RD MATTITUCK (HOUSE NO_) (STREET} (HAMLET) County Tax Map No. 473889 Section 113 Block 12 Lot 6 Su]~i~vision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 6, 2003 pursuant towhich Building Permit No. 29862-Z dated NOVEMBER 10, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law_ The occupancy for which this certificate is issued is ACCESSORY STORAGE SHED "AS BUILT" & AS TO CONDITIONS OF ZBA %5379. The certificate is issued to KE~NETH & DORORTY WOYCHI/K (OWNER) of the aforesaid building. SUFFOLK COUN~fDEPARTMENT OF~F~ALTHA~PROVAL ELECTRICAL CERTIFICATH NO. PLI~4BERS CERTIFICATION DATED N/A N/A N/A Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 29862 Z Date NOVEMBER 10, 2003 Permission is hereby granted to: KENNETH & DORORTY WOYCHUK 5807 WESTPHALIA RD MATTITUCK,NY 11952 for : CONSTRUCTION OF AN ACCESSORY SHED "AS BUILT" TO THE CONDITIONS OF THE ZBA DECISION #5379, SHED BUILT PRIOR TO 2003 at premises located at County Tax Map No. 473889 Section 113 Block 0012 Lot No. 006 pursuant to application dated NOVEMBER 6, 2003 and approved by the Building Inspector to expire on MAY 10, 2005. 5807 WESTPHALIA RD MATTITUCK Fee $ 150.00 Authorized Signature ORIGINAL Rev. 5/8/02 Form No. 6 TOX~q~T OF SOUTHOLD BUILDING DEPARTMENT 765-1802 ~PLICATION FOR CERT~ICATE OF OCC~ T~s apphcation mint be fiH~ ~ by ~ez~iter or ~ ~d subdued to the BuH~g A. For new building or new use: 1_ Final s~trvey ~£pr~perty with accurate ~ca~n ~£ a~ bui~dings~ pr~perty lines~ stroets~ and unuana~ natural ~r topographic features. 2. Final Approval from Itealth Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation firom Board of Firo Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the bnilding. 6_ Sfib'mit l~lallhfng Board Approval of completed site plan reqdirements. B ~..-I~o r-.e~isliag b ::ildi~gs (t~-do r-to- A~ r ~ 9~- t~57~uoa-c~dovmin g uses,or-buildings and "pr-e-e~s~ing" land-uses: 1_ Aecttrate sut-vey of property showing all proparty lines, streets, bttilding and nnu~ual na~aral or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is demed, the Building Inspector shall state the repons therefor in xx~ting to the applicant. C. Fees 1. Certi~cate ~f ~ccupan~y - New dwe~g $25.~ Additi~ns t~ dwe~ing $25.~ A~terati~ns t~ dwe~li~tg $25.~ Swimming pool $25.00, Aceassory building $25.00, Additions to accesso~ building $25.00, Businesses $50.00. 2. Cextificate of Occupancy on Pre-existing Bdilding - $100.00 3_ Copy of CerdAicate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50 00 5. Temporary Cartificate o f Occupancy - Residential $15.00, Commarcial $15.00 Hew Constxuction: Old or Pre-existing Building: ~ (check one) House No. Street Hamlet Suffolk County Tax Map No 1000, Section Subdivision 27S' DateoC e t. Health Dept. Approval: Planning Board Approval: Request for: Temporary Certificate w Sub rt d: $ 'Sq 0 O Block ~ //~-'~ Lot Filed Map. Lot: Applicant: Underwriters Approval: Final Cestificate: (check one) A~c-.ant Signa~l~e FORM NO. 3 NOTICE OF DISXPPROVAL DATE: March 25, 2003 TO: Kenneth Woychuk 5807 Westphalia Drive Mattitnck, NY 11952 Please take notice that your application dated March 25, 2003 For permit for an "as built" accessors' shed at Location of property: 5807 Westphalia Road, Mattituck. NY County Tax Map No. 1000 - Section 113 Block 1~2 Lot _6 Is returned herewith and disapproved on the following grounds: The as bmlt accessor~ shed, rotated on a conformln.., 87.468 square permitted pursuant to Article IlIA Section 100-33. which states; "In the Aedcultural-Conservation Disufct and Low-Density Residential R-80, R-120. R-200, toot lot in the R-40 zone, is not and R-400 Districts. accessot5~ buildings and structtrres or other accessor? uses shall be located in the required rear yard." The "as built" accessory shed is partially located in both the front and side yards. Note to Appl~c application, may require ant: Any change or deviation tob/ the above referenced further review by the Southold Town Building Department. CC: file, Z.B.A. )~PPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOgVN OF SOUTHOLD Southold Toxwn Hall 53095 Main Road P_O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net [',-' ' '-'"': / ~- DINGS, DELIBERATIONS AND DETERMINATION ~ ; ............... MEETING OF OCTOBER 9, 2003 ~--A-~BI.'Nb. 5379- KE~qf~TETH and DOROTHY WOYCHUK Property Location: 5807 Westphalia Avenue, Mattituck; Parcel 1000-113-12-6. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properbj under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 87,466 sq. ft. parcel has 272.93 ft. frontage along a private right-of-way off Westphalia Road in Mattituck. The property is improved with a single-family, two-story frame dwelling with accessory garage in the rear yard and as-built accessory shed. BASIS OF APPLICATION: Building Department's March 25, 2003 Notice of Disapproval, Citing Section 100~33, in its denial of a building permit application for an "as built" location of an accessonj building in area other than required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003. at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the side yard location of their as-built, 12' x 16' shed at +/0 115 ft. from the westerly front property line, 11.2 feet from the northerly side line, and 20.9 feet from the easterly lot line, at its closest points, as shown on the April 21. 2000 survey, revised 7-2-02, by Kenneth M. Woychuk, L.S. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Beard makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant indicated that he was given the present shed as a gift from a friend, unaware that after placing the shed in its present location that he had a yard violation of the zoning code. At the hearing, the applicant was asked if he could move the shed to a conforming location, and he replied he could, but the rear yard was totally landscaped, and it would disrupt much of the rear Page 2 - October 9, 2003 ZB #5379 - K. and D. Woychuk 113.-12-6 at Mattituck yard landscaped if it were to be moved. After inspection and testimony from the applicant, it was decided that if the applicant installed a landscape buffer on both the neighbor's side to the north and the side facing the right-of-way, the approval of the built location of the shed would not impact either the immediate neighborhood or district. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The shed was built in its present location, and the landscaping completed, and there are other sheds and garages in similar yard locations in the immediate neighborhood. 3. The variance granted herein is substantial because the code requires accessory buildings to be located in a rear yard, rather than a side yard, as built. 5. The difficulty was self-created when the shed was planned in its present location without cenformity to the current Town Code requirements. 6. Thero is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The applicants' property is on a private right-of-way which services only a few parcels. The landowner closest to the shed is to the north, who did not voice an objection or concerns at the hearing or in the record. The buffer of evergreen screening will lessen any possible impact of this 10' x 12' shed at 11.2 feet from the closest side lot line.. 7. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a shed, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Kenneth M. Woychuk, L.S. revised 7-2-02, subject to the condition that the north and west sides of the shed be landscaped with evergreens. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 3 - October 9, 2003 ZB #5379 - K. and D. Woychuk 113.-12-6 at Mattitu6k setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and Oliva. (Absent was Member Homing.) This Resolution was duly adopted (4-0). Lydia A. '¢o,~¢ora, Acting- Chairwo~nan 10//o¢03 Approved for Filing 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] FRAMING [/] ~IJLATION [r-~FINAL 765-1802 BUILDING DEPT. INSPECTI ON [ ] FOUNDATION 1ST [ ] FOUNDATION 2ND [ ] FRAMING [ ] ROUGH PLBG. [ ] INS~LATION [--~NAL REMARKS: ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION DATE TOI:~qNr OF SOUTItOLD BUILDING DEPARTMENT TOVG~r H_4LL SOUTHOLD, NY 11971 TEL: (631) 765-1802 .FAX: (631) 765-9502 www. nonthfork, net/Southold/ PERMIT NO. BUILDING PER2vHT APPLICATION CHECKLIST Do you have or need the following, before appbfing? Board of Hca/th 3 sets of Building Plans planning Board epproval Check Septic Form N.Y.S.D.E.C. Mail to: Phone: Inspector ~J~ APPLI,CATION FOR BUILDING PER1MIT Da e INSTRUCTIONS ,20 O_,~ a. This application MUST bd completely filled in by t3qpex~q:it~r or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and watem'ays. c. The work covered by this application rna3, not be commenced before issuance of Building Permit. d. Upon approval of this application, the Buildi~sg h~spector will issue a Building Permit ro the applicant. Such a permit shall be kept on the premises available for inspection tkroughou~ the work. e. No building shall be occupied or used in wh_ole or in part for airy purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. EveiT building permit shall expire if the work authorized has not commenced willfin 12 months after the date of issuaztce or has not been completed within. 18 mon3hs from such date. If no zoning amendments or other re,malarious affecting the propmq, ha'ce been enacted in the interim, 'the Baildii~g ~nspector ma.,,' anthor4ze, in writing, the extension of the petTuit for an addition ~ix months. Thereafter, a new permit shall be'required. APPLICATION IS HEREBY MA.DE to the Building Depamnent for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Comity, New York, and other applicable Laws, Ordinances or Regulatiops, for the construction of buildings, additions, or alterations or for removal or denmhtion as herein descr/bed. The applicant agl-ees ro comply with aH applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on pre~uises0COU~A~cyand in building for necessary inspections.0~ ~' ~/si~f t~'/~/~ a USE IS UNLAWFUL WITHOUT CERTIFICATE o. ~.Iailing add~ess of applicant) t 0F0C U?A ¢Y o State whether applicant's owmer, lessee, a~ant, architect, engineer, general contractor, electdcian,' plumber or builder ~ (_as o~ th~ t~x roll or let;st ~d) If applicant is a corporation, si~mture of dui3' authorized officer t~'v~ N,..' ,'k ;.,.F~, BUILDING -.D~RI'M~NT"- ~ ' '~ ...... AT --____ 7,/~J'~,~s-~so~ eau TO ~PU FOR mE (Name and title of corporate oz~Scer) ~, ~ : fOUNDATION - TWO REQUIRED Builders License No. Plumbers License No_ Electricians License No. Other Trade's License No_ Location of land on which proposed work will be done: ~ 7 /z; ~-/'///;v-~:4 /e ,>. House Number Street Count3' Tax Map No. 1000 Section Subdivision (Name) FOR POURED, CONCRETE 2. ROUGH - FRAMtNG & PLUMBING 3. INSULATION - co.s Ruc o. H~SlGN OR ~N$TRUC~N Block /~ ~;~,., ,, Filed Map No_ ., · 2_ State existing use and occupancy of prenuses and intended use and occupancy of proposed conslx-Udtto~ a. Existing use and occupancy b. Intended use and occupancy 3. Nature o f work (check which applicable): New Building Demolition 4. 5. Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Fee Addition Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: From Height Number of Stodes Rear Depth Dimensions of same structure with alterations or additions: Front Depth_ Height_ 8. Dimensions of entire new construction: Front /,2. ! Height Number of Stodes 9. Size of lot: Front ~- 7z/' Rear ,~/Or / Rear Number of Stories Rear /.9-/ Depth Depth 10_ Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated /~- ye_) 12. Does proposed construction xSolate any zoning law, ordinance or regulation? YES NO ,~ l 3. Will lot be re-graded? '~qSS NO ~(~ Will excess fill be removed from premises? XES NO 14. Names of Owner of premises ]~'A/bc/~)/C_?4 C/~ Address ~4/7//'~'~, AJ.~. Phone No. ,,~-/~-~ Name of Architect Address Phone No Name of Contractor Address Phone No_ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E_C. PERMITS M_AY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED..~ ~' 'f. "~ '.~:, '~ '.3 ~ 16. Provide survey, to scale, with accurate fotmdation plan and distances to-pfope~ t"'~es. l 7_ If elevation at any point on property is at 10 feet or below, must prowde topo/~r~phjcal data on sun,ey. STATE OF NEW YORK) SS: (N ..... ~1 '~' ~'contract) above named, (S)He is th~ /)Z~A/'~-~' -- ' '~. (Contractor, Agent, Corporate Officer, etc.) of said oi~mer or o,amers, and is duly authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are true to the best of his knowledge and belief; and that the work wilI be performad in the manner set forth in'the application filed therewith. Sim~tbxre o f A~ffi/~ant S.C.T.M. NO. DISTRICT: 1000 SECTION: 11J BLOCK: ~2 LOT(S):6 R1 0-00-01 1 0 EL 94.3 50' [° 6'30'00" $7.63' 0 -~c4 EL 99,2 27~ I 36.0' 'EL 95.1 MON S 2 LIPA poWER uNES WELL LAND N/F OF CONRAD fi~ULLOCK EL 102. 214-; EL 97.0 TOWER EL 97.5 s% °N COX NECK ROAD (C.R. 84) ~- EL lO0.O SPK FD OmL. E/~ z / o v...m~ ~. ~ ' P~PE rD LAND OF COUN~ OF SUFFOLK AREA: 87,465.7 S.F. OR 2.0 ACRES FINAL SURVEY 7-2-02 FOUNDATION LOCATION 4.27-01 ELEVATION DA TUM: ASSUMED UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF TI-IE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TP, UE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCYURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY survEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FiLE # 20--80 SCALE: 1 "=40' DATE: APRIL 21, 2000 CERTIFIED TO: KENNETH & DOROTHY WOYCHUK; PREFERRED ABSTRACT CORP.; KENNETH M. WOYCHUK L.S. Land Surveying and Design P.O. Box 3, Ma[tiLuck, New York 11952 PHONE (631) 298-1588 FAX (631) 298-1588 maintaining ghe reco~ds of RoberL J. Hennessy